Falls are one of the most common construction site accidents. If a worker or visitor to the site experiences a serious injury because of a safety violation, he or she can file an insurance claim or lawsuit to cover disability, medical expenses and other related costs.
These are the North Carolina laws that provide guidance in premises liability cases involving a fall injury.
Liability and contributory negligence
In North Carolina, the injured person must show that:
- Site owners or managers failed to uphold the responsibility to keep the site hazard-free.
- He or she suffered an injury because of this negligence and subsequently experienced financial loss.
- He or she did not contribute to the cause of the fall.
The plaintiff cannot recover damages if evidence shows he or she shared fault in the accident. This could occur if the person was trespassing, wore unsafe footwear, or ignored caution tape or other signs of a hazard. Distraction by a cell phone or device at the time of the fall can also result in case dismissal.
Available damages
If the judge agrees that the defendant has sole legal liability for the injury, he or she may award the plaintiff financial damages. In North Carolina, this includes all medical costs resulting from the injury, loss of current and projected future income, household services expenses, and emotional distress. The person can also receive compensation for permanent disfigurement or disability.
Individuals should seek immediate medical attention after a fall on a construction site. An injured person must file a premises liability lawsuit within three years of a fall injury. Missing this deadline will result in the dismissal of the person’s case.
